Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-12-06

7. A. Harris, Secretary of the State Board
Health, he informs me that there has been
no meeting of the State Board of Health
since the 1lth and 18th of July Of this
wear, which letter is herewith submitted.
l understand the Secretary of the State
Board of Health issued on his own motion
so-called certificates of appointment to DR..
E. c. Meyers, DR.. c. B. Robinson and ID.
Stein. If such is the case, he did 80 with
out authority of law, and his certificates
are void and of no force or effect. The law
does not confer on the Secretary any suchau
thority, nor can the Board Of Health dele
gate to their Secretary such authority.
l therefore find that DIR. E. G. Meyers,
DIR. C. B. Robinson and NJ. Stein have
not been appointed as members OF the
local Board of Health for Ohio county, as
required by law, and any act attempted to
be performed or assumed by them under
the name Of the Board OF Health Is illegal
and void.
desire also to call your attention to the
fact that there is no provision Of law au-
therizing the local Board Of Health Tin
case we had one) to incur any expense on
the county, except in cases OF emergency,
or of actual necessity; and that only when
the Court or corporate authorities are from
any cause unable to meet or to provide for
the emergency or necessity.
As far as this county is concerned, that
emergency could never arise, for your
Hon. body could be convened in one hours
time.
also desire to call your attention to the
jurisdiction of a local or county Board OF
Health. The latter clause of Sec. 6 Of
Chapter Ga Acts of 1887, provides that
when any town, city or village has a
Board of Health of its own, the jurisdic-
ton Of the local Board so appointed legally
appointed) shall not extend thereto"
The city OF Wheeling, by virtue Of its
corporate authority, is vested with all the
power and authority 10 attend to the health
of the citizens within its corporate limits.
And by virtue of that authority, the city
has elected health officer and appointed
a Committee on Health, thus making To all
intents and purposes Board of Health for
the city of Wheeling. l am of the opinion
that if there was a local or County Board
OF Health, it would have no jurisdiction
within the corporate limits of the city OF
Wheeling. City Solicitor Geo. B. Cald-
well concurs in this opinion as to the julis-
diction. Respectfully submitted,
l.. s JORDAN.
This report was filed and resolution
offered by Mr.. Speidel, was adopted, mott
flying the State Board OF Health that the
County awaits its formal action upon the
names submitted.
MISCELLANEOUS.
The Sheriff presented communication
enclosing tax bill paid by the B. & O. X.
Co, aggregating $2G77l, the SAME being
erroneous.
Sundry petitions relative to matters OF
taxation, were referred to the Board of
Equalization and Appeals. Among these
was an assessment of 1904 81 against per-
sonal property Of the late John Bruce, Rt.
Rev. John J. Kahn, the executor, stating
that the property had been devised to the
Wheeling Hospital and Orphans Asylum,
and was therefore exempt.
A long list of road surveyors for the
country districts were appointed.
A special committee offive was appointed
TO establish the boundary Of the e., c. &
p. road, second division, the same being
disputed.
On motion Mr.. Tyler, committee was
appointed TO confer with the State Board
OF Public Works, in regard to tolls on the
Peninsula road.
1t was ordered that notices be posted re-
garding the extension of the G., c. & p.
road through the lands of Thomas Wolf
and others.
The bonds of William Manion, Justice
for Webster district, and Thomas d. Ben
nett, and II. S. Tnornburg, constables,
were approved.